United States Sixth Circuit

In a matter involving a suit brought against plaintiff's former employer, FedEx, alleging racially-based discrimination and retaliation under state law, summary judgment for FedEx after the matter was referred to a bankruptcy court is affirmed in part, but reversed in part where: 1) for purposes of a failure-to-promote claim, summary judgment had to be vacated and remanded to determine whether FedEx demonstrated that it would have refused to promote plaintiff even absent a discriminatory motive; 2) the district court correctly concluded that plaintiff had failed to establish a prima facie case under either hostile work environment or constructive discharge doctrines; and 3) summary judgment on a retaliation claim was proper as plaintiff proffered no evidence that FedEx's continued failure to promote him after his first complaint was a result of that complaint.

Appellate Information

• Decided 06/27/2007
• Published 06/27/2007

Judges

• Before:  KEITH, BATCHELDER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  D. Rick Martin, Detroit, Michigan, for Appellant.   Laura A. Brodeur, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellee.   ON BRIEF:  D. Rick Martin, Detroit, Michigan, for Appellant.  Laura A. Brodeur, Matthew S. Disbrow, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellee.